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Remedies Keyed to Kovacic-Fleischer, 8th
Branch v. Mobil Oil Corp.
Citation:
778 F. Supp. 35 (1991)Facts
Homer Branch and Louis Dell Branch filed suit against Mobil Oil Corporation and Citation Oil & Gas Corporation alleging claims of unjust enrichment and public nuisance. The plaintiffs alleged in their First Amended Complaint that the defendants used the plaintiffs’ property to dispose of pollutants, thereby saving the expenses of otherwise collecting and disposing of such pollutants. Citation Oil & Gas Corporation filed a motion to dismiss these claims for failure to state a claim upon which relief could be granted. The Court initially granted the motion on February 4, 1991, but the plaintiffs filed a motion to reconsider, arguing that they had additional time to respond under the Federal Rules of Civil Procedure because service was made by mail.
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